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Efficient Implementation of EER & R9 Guidance for Exceptional Events Rule in Region 9

Learn about the Exceptional Events Rule (EER) and Region 9 (R9) guidance for excluding data from regulatory decisions. Discover how prioritizing events like wildfires, volcanic activities, and dust events can impact immediate actions. Find out about the need for transparent and efficient implementation, and stakeholder involvement in developing guidance. Explore the key elements, requirements, and steps involved in the EER interpretation and review process.

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Efficient Implementation of EER & R9 Guidance for Exceptional Events Rule in Region 9

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  1. Exceptional Events and Region 9AMTACApril 12, 2011

  2. The Exceptional Events Rule & R9: • The Exceptional Events Rule (EER) is the only mechanism that allows S/L/Ts to exclude data* from regulatory decisions. • R9 has > 45,000 exceptional event flags in AQS. • We have acted on a few, but there are many, many more. • Prioritizing those that affect immediate regulatory actions. • Flags associated with: • Dry, dusty, windy areas (AZ, CA’s central valley) = PM2.5, PM10 flags • Summer wildfires (CA, NV) = O3, PM2.5, PM10flags • Volcanic activity (Hawaii) = SO2, PM2.5 flags • Fireworks = PM2.5 flags *Data that was collected in accordance with all applicable requirements.

  3. The Exceptional Events Rule & R9: • Currently takes many hours for S/Ls to produce, and for EPA to review and act on, one exceptional events package. • EPA R9 and S/L/Ts are looking to guidance (rule change) to promote transparent and efficient implementation of the EER. • National EER Workgroup has produced four products: • Overview memo • Q&A • Guidance on High Wind Dust Events • Website

  4. Guidance on High Wind Dust Events • Overview • R9/Workgroup product • Most applicable to dry, dusty areas in the West. • First comprehensive interpretation of the EER: • broad principles apply to all exceptional events; • many elements could be carried over to other event-specific guidance documents • Clarifies requirements, EER interpretation, provides step-by-step process for agencies to follow when developing packages, example analyses, package checklist, State/EPA submittal & review schedule.

  5. Guidance on High Wind Dust Events • Highlights • Addresses key litigation-risk issues: • Definition of event = wind + dust, not just the wind itself • Controls requirements and analyses • Provides streamlined process to satisfy “not reasonably controllable or preventable” criteria when wind speeds ≥ 25 mph* • Seeks progressive controls when events recur (e.g. optional High Wind Action Plan) • Provides general State/EPA submittal and review schedule *25 mph = minimum wind speed needed to entrain particles from stabilized surfaces in the western US.

  6. Stakeholder Involvement • Draft guidance is imminent; EPA will be soliciting stakeholder input • Janet McCabe will discuss at the April 25th WESTAR meeting • EPA will also invite comment through NACAA • Very interested in receiving informal feedback during this time • Near Term Draft Guidance for Stakeholder Review / Comment: • 1. Overview Memo from Gina McCarthy to Regional Offices • Identifies concepts to be addressed through guidance • Describes administrative process for demonstration submittal • 2. Frequently Asked Questions • 3. High Winds Guidance Document • 4. Website with example submissions at http://www.epa.gov/ttn/analysis/exevents.htm

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